for that purpose; and the costs of such review, when allowed, shall be in the discretion of the Master, and shall be paid by and to such persons and at such time as he shall direct.

69.-That the Master shall have power, at his discretion, to examine any witness viva voce; and in such case the subpœna for the attendance of the witness shall, upon a note from the Master, be issued from the Subpoena Office; and that the evidence upon such viva voce examination shall be taken down by the Master, or by the Master's clerk, in his presence, and preserved in the Master's office, in order that the same may be used by the Court, if necessary.

70. That in all matters referred to him, the Master shall be at liberty, upon the application of any party interested, to make a separate report or reports from time to time as to him shall seem expedient; the costs of such separate reports to be in the discretion of the Court.

71. That where a Master shall make a separate report of debts or legacies, there the Master shall be at liberty to make snch certificate as he thinks fit with respect to the state of the assets; and every person interested shall thereupon be at liberty to apply to the Court as he shall be advised."

72. That the Master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require; the evidence upon such examination being taken down at the time by the Master, or by the Master's clerk in his presence, and preserved, in order that the same may be used by the Court if necessary.

73. That if any party wishes to complain of any matter introduced into any state of facts, affidavit, or other proceeding before the Master, on the ground that it is scandalous or impertinent, or that any examination taken in the Master's Office is insufficient, he shall be at liberty, without any order of reference by the Court, to take out a warrant for the Master to examine such matter, and the Master shall have authority to expunge any such matter which he shall find to be scandalous or impertinent.

74.-That the Master, in deciding on the sufficiency or insufficiency of any answer or examination, shall take into consideration the relevancy or materiality of the statement or question referred to.

75. That in cases where estates or other property are directed to be sold before the Master, the Master shall be at liberty, if he shall think it for the benefit of the parties in

terested, to order the same to be sold in the country, at such place and by such person as he shall think fit.

76. That where a Master is directed to settle a conveyance or to tax costs, in case the parties differ about the same, then the party claiming the costs, or entitled to prepare the conveyance, shall bring the bill of costs, or the draft of the conveyance, into the Master's Office, and give notice of his having so done to the other party; and at any time within eight days after such notice such other party shall have liberty to inspect the same without fee, and may take a copy thereof, if he thinks fit. And at or before the expiration of the eight days, or such further time as the Master shall in his discretion allow, he shall then either agree to pay the costs or adopt the conveyance, as the case may be, or signify his dissent therefrom, and shall thereupon be at liberty to tender a sum of money for the costs, or to deliver a statement in writing, of the alterations which he proposes in the draft of the conveyance. But if he make no such tender, nor deliver any such statement in writing, or if the other party refuses to accept the sum so tendered, or to adopt the proposed alterations in the draft of the conveyance, the Master shall then proceed to tax the costs, or settle the conveyance, according to the practice of the Court. And in case the taxed costs shall not exceed the sum tendered, or the Master shall adopt the proposed alterations in the draft of the conveyance, then the costs of the taxation, or the costs of the proceeding with respect to the conveyance, shall be borne by the other party.

77.-That whenever in any proceeding before a Master, the same solicitor is employed for two or more parties, such Master may at his discretion require that any of the said parties shall be represented before him by a distinct solicitor, and may refuse to proceed until such party is so represented.

78.-That such of the foregoing Orders as limit or allow any specified time for any party to take any proceeding, or for any other purpose, shall only apply to cases where the period from which such specified time is to be computed shall be on or subsequent to the first day of Easter Term next ensuing.

79. That such of the foregoing Orders as relate to the manner in which the costs of any suit or proceeding are to be taxed, and to the amount of costs to be paid on any occasion, shall not apply to any costs which shall have been incurred, or to the costs of any proceeding which shall have been had or taken previously to the first day of Easter Term next ensuing.

80. That such of the foregoing Orders as relate to the course of proceeding in the offices of the Masters of the Court,

or to the authority of the Masters, shall have effect from and after the first day of Easter Term next ensuing, and shall be acted upon by the Masters in all cases, except where, from the then advanced stage of any proceeding, they are not practically applicable.

81.-That, subject to the regulations hereinbefore specified, the foregoing Orders shall take effect as to all suits, whether now depending or hereafter commenced, on the first day of Easter Term next.

82.-And whereas the present practice, that causes can only be entered for hearing during the time of term, and that the subpoena ad audiendum judicium, can only be then returnable, is productive of great delay and inconvenience: It is hereby further ordered, by the said Lord High Chancellor, with the advice and assistance aforesaid, that from henceforth causes may be set down for hearing, and the subpoenas ad audiendum judicium served and returnable on any day, as well out of term as in term, and this Order is to be called the 82d Order.

LORD BROUGHAM'S ORDERS OF
21st December, 1833.

WHEREAS it is expedient that certain further Orders for regulating the practice of the Court of Chancery, be added to those which were published on the 26th day of November last, and that thereupon certain alterations be made in the said Orders, and it is also expedient that the whole of the said new Orders should be embodied together under the act of the 3d and 4th of William the Fourth, intituled, "An Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England."

It is hereby declared and directed, that from and after the 10th day of January next, the several Orders which hereafter follow, shall be considered as a substitution for the said Orders of the 26th day of November last.

1. That all writs of subpoena in this Court shall be prepared by the solicitor of the party requiring the same, and that the seal for sealing the same shall be marked or inscribed with the words "Subpoena Office, Chancery." And such writs shall be in the forms mentioned at the foot of these Orders, or

as near as may be, with such alterations and variations as eircumstances may require.

2.-That a præcipe in the usual form, and containing further the particulars hereinafter mentioned (as to the names and residences of the solicitors issuing the same) shall in all cases be delivered and filed at the Subpoena Office. And that on a subpoena for costs being sealed, the certificate or report shall be produced to the officer sealing the writ as his authority for sealing it.

3.-That the name or firm and the place of business or residence of the solicitor or solicitors issuing a subpœna shall be indorsed thereon; and where such solicitors shall be agents only, then there shall be further indorsed thereon the name or firm and place of business or residence of the principal solicitor or solicitors.

4. That the service of subpoenas shall be effected by delivering a copy of the writ and of the indorsement thereon, and at the same time producing the original writ, and that in all cases where a subpoena might heretofore have been served by leaving the body thereof at the party's dwelling-house, or otherwise than personally, it shall be sufficient to leave a copy of such subpoena in the same manner, producing the original writ to the person with whom such copy shall be so left.

5. That every subpoena, other than a subpoena duces tecum, shall contain three names where necessary or required, and that a gross sum or fee of twelve shillings and sixpence shall be the amount allowed in costs for every subpoena duces tecum, including the præcipe, attendance, and sum paid for sealing, and five shillings and ten pence each for all other subpœnas; in addition to which last-mentioned sum, the solicitor suing out the same shall be allowed one fee of six shillings and eight pence for the præcipes and attendance on sealing such subpœnas as heretofore, where the number of names included therein shall not exceed nine, and if they shall exceed nine in number, then an additional fee of six shillings and eight pence, and if they exceed eighteen, a further fee of six shillings and eight pence, and so in proportion for every additional number of nine names, included in such subpœnas.

6. That no more than three persons shall be included in one subpoena duces tecum, and that the party suing out the same shall be at liberty to sue out a subpoena for each person, if it shall be deemed necessary or desirable, and that the sum of twelve shillings and sixpence shall be allowed in costs for every such subpoena, including the præcipe, attendance, and sum paid for sealing the same.

7. That the time for serving any subpoena (except for costs) shall be limited to the last day of the term next following the term or vacation in which it was sued out; and that in the interval between the suing out and service of any subpoena, the party suing out the same shall be at liberty to correct any error in the names of parties or witnesses, and to have the writ resealed upon payment to the clerk at the Subpoena Office of a fee of one shilling, and at the same time leaving a corrected præcipe of such subpoena marked "altered and resealed," and signed with the name and address of the solicitor or solicitors suing out the same.

8. That when any defendant has been taken into custody upon attachment or other process for want of appearance to a bill of revivor, and such defendant shall have been taken thereon, and shall refuse or neglect to enter an appearance to such bill within eight days after the return of such attachment, the plaintiff shall be entitled as of course, upon motion or petition, to the common order to revive; and if the defendant cannot be found so as to be taken upon such attachment, and a return of "Non est inventus" shall have been made thereon, the plaintiff shall, upon producing such return and an affidavit that due diligence has been used in endeavouring to execute such attachment, and that there was good reason to believe that the defendant was in the county to which such attachment issued at the time of suing out the same, be also entitled as of course, upon motion or petition, at the end of eight days after the return of such attachment, to obtain the common order to revive, and that in either of such cases the order shall recite, as the ground for granting the same, that the defendant is in contempt, and that the time limited by the Court to show cause against reviving the suit has expired.

9.-That a defendant shall be at liberty, without order, to sue out a dedimus to take his plea, answer, or demurrer (not demurring alone) in the country, on giving two days' notice in writing to the plaintiff's Clerk in Court to give commissioner's name to see the same taken, and in default thereof the defendant shall be at liberty to sue out the same, directed to his own commissioners: and in case of severe illness or other bodily infirmity, whereby a defendant, resident not less than four miles from Lincoln's Inn Hall, shall be rendered unable to travel or leave home, he shall, upon affidavit first made thereof and duly filed, be entitled to such dedimus as aforesaid, on such notice first given, as hereinbefore directed.

10. That in every cause where an original or supplemental bill, or bill of revivor, has been filed subsequent to the 25th